S.Parimala, v. Dharmendra Pratap Yadav, Ias.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Contempt Petition No.2465 of 2016 S.Parimala ...

Petitioner Vs 1.Thiru Dharmendra Pratap Yadav, I.A.S., Commissioner & Director of Town & Country Planning, (Full Add. Charge), Fourth Floor, Chengalvarayan Building, 807, Anna Salai, Chennai-600 002.

2.Thiru.M.Mathimaran, Deputy Director, Town & Country Planning Department, Salem Region, 6, Sannathi Street, Subramani Nagar, Salem-636 005.

3.Thiru.K.Balasubramanian, Municipal Commissioner, Dharapuram Municipality, Dharapuram-636 656.

...

Respondents PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for the wilful disobedience of the orders of this Court made in W.P.No.1695 of 2014, dated 01.03.2016.

For Petitioner : Mr.R.Krishnamoorthy For Respondents: M/s.Vasudha Thiagarajan Additional Government Pleader for R1 &R2 Mr.P.Srinivas for R3

O R D E R

Heard Mr.R.Krishnamoorthy, learned counsel for the petitioner and M/s.Vasudha Thiagarajan, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.P.Srinivas, learned counsel appearing for the third respondent.

2. This contempt petition has been filed for the wilful disobedience of the order and direction issued by this Court in W.P.No.1695 of 2014, dated 01.03.2016. The operative portion of the said order reads as follows:-

5. Accordingly, this Writ Petition is disposed of, directing the petitioners to submit an application for reclassification of land in proper format through proper channel along with a copy of this order and if the application is submitted, the authorities, namely, the respondents 2 and 3 shall prepare an appropriate report and forward the same to the first respondent, who shall consider the said application in accordance with law. The above direction shall be complied with, within a period of four months from the date of submission of the application. Along with the fresh representation, the petitioners shall also enclose a copy of the earlier representation, dated 12.09.2013. No costs. Consequently, connected M.P.Nos.1 and 2 of 2014 are closed."

It appears that the petitioners, after the disposal of the writ petition, have given a representation on 28.03.2016 along with a copy of the order in the Writ Petition. The said representation was forwarded to the second respondent by the third respondent. However, the second respondent returned the same stating that the petitioners should apply in the proper format. The petitioners were informed and they have also applied in a proper format, thereafter, which has been forwarded to the second respondent.

3. The learned Additional Government Pleader appearing for the second respondent would submit that eight weeks time may be granted to the second respondent to consider the Application and to pass appropriate resolution. Accordingly, the Contempt Petition stands disposed of, by directing the second respondent to consider the application and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. r n s SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/16/11/2016

One CC to Mr.R.Krishnamoorthy, Advocate, SR.14237/2016

1. Thiru Dharmendra Pratap Yadav, I.A.S., Commissioner & Director of Town & Country Planning, (Full Add. Charge), Fourth Floor, Chengalvarayan Building, 807, Anna Salai, Chennai-600 002.

2. Thiru.M.Mathimaran, Deputy Director, Town & Country Planning Department, Salem Region, 6, Sannathi Street, Subramani Nagar, Salem-636 005.

3. Thiru.K.Balasubramanian, Municipal Commissioner, Dharapuram Municipality, Dharapuram-636 656.